The waste and recycling industry is one of the most hazardous sectors in the UK. According to Health and Safety Executive statistics for 2023/24, the fatal accident rate is over nine times higher than the all-industry average. Non-fatal injury rates are also significantly higher, highlighting the ongoing risks faced by workers in this environment and the potential for a death at work, leaving many bereaved families seeking answers and financial support.
Table of Contents
- Fatal Accidents in the Waste and Recycling Sector
- Why health and safety fines in the waste sector are now much higher
- Workplace Death Compensation Claims in Scotland
- How to Claim Compensation Following a Fatal Accident at Work
Fatal Accidents in the Waste and Recycling Sector
The most common causes of fatal accidents remain consistent. Over half of deaths in the sector involve workers being struck by moving vehicles or even incidents similar to a road traffic accident within work sites, while a significant proportion result from contact with a falling or moving object. These figures demonstrate that well-known hazards continue to pose serious dangers where proper safety measures are not in place, often resulting in a fatal accident at work or fatal workplace accident.
Why health and safety fines in the waste sector are now much higher
Fines for health and safety offences are now based on the severity of harm, the level of responsibility, and the organisation’s turnover. For large organisations, penalties can reach millions of pounds, particularly in cases involving a fatal accident at work, wrongful death, or serious safety breaches.
Even medium-sized businesses can face significant fines where failures result in death at work or serious injury. Courts now take a stricter approach, reflecting a growing focus on accountability following repeated fatal accidents.
Workplace Death Compensation Claims in Scotland
If a family member has died as a result of a fatal accident, Scottish law provides specific protections for bereaved families, including spouses, civil partners, cohabitants, children, or an unmarried minor who may have been financially dependent on the deceased. These protections allow families to pursue fatal accident compensation claims and secure financial support.
Under the Damages (Scotland) Act 2011, certain relatives and dependants may be entitled to bring compensation claims. This can include financial losses, funeral expenses, and compensation for loss of society, and grief and sorrow experienced as a result of the relatives death. A claim may also be pursued by the deceased’s estate for the pain and suffering experience by the deceased, prior to their death.
Scottish law differs from England and Wales in that fatal accident compensation claims are assessed based on the individual circumstances of each case. Many families understandably ask how much compensation they may receive, which will depend on the facts of the case.
There is generally a three-year time limit to raise court proceedings following a fatal accident at work. It is important to seek legal advice early to gather evidence such as witness statements, begin the claims process, and build a strong case.
Jones Whyte’s legal team of experienced personal injury specialists and personal injury lawyers handle fatal accident claims on a win no fee basis. They can provide free legal advice and help bereaved families to claim compensation without upfront legal fees.
How to Claim Compensation Following a Fatal Accident at Work
If you have lost a loved one due to a fatal accident at work, you may be entitled to make a compensation claim.
The claims process involves gathering evidence, including medical reports and witness statements, establishing liability, and assessing how much compensation may be appropriate.
Seeking early legal advice ensures the strongest possible case is presented and improves the likelihood of a successful outcome in any fatal accident claim.
At Jones Whyte, our specialist team experienced in fatal accident claims supports bereaved families throughout the entire claims process, providing clear and compassionate guidance from the outset. Our legal team ensures that every fatal accident claim is handled on a win no fee basis, so families can pursue justice without upfront costs or financial risk.
Our Fee Structure
Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.
No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.
When You Might Be Liable for Costs:
- If you choose to terminate your agreement with us but later are successful with your claim through other means, such as with another firm of solicitors, you may be liable for the cost of the to work we have completed on your behalf.
- In other exceptional circumstances as detailed in our instruction agreement and terms of business, such as if you have mislead us or falsely represented part of your claim.
These terms will be fully outlined in your instruction agreement and Terms of Businesss with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.
Questions you might have
Yes. Under the Damages (Scotland) Act 2011, close relatives of a person killed as a result of another party's negligence are entitled to bring a fatal accident claim and other compensation claims. This can cover financial losses, funeral expenses, and a bereavement award for the emotional impact of the loss.
In addition, claims can reflect the specific relationship you had with the deceased, including whether you were financially dependent on them. Seeking early legal advice, including free legal advice, can help ensure all aspects of the fatal accident claim are properly considered.
Yes. Criminal proceedings brought by the HSE are separate from civil personal injury claims and fatal accident claims. You can still pursue fatal accident compensation claims through the civil courts, and any conviction may support your claim.
This means that even if a prosecution is ongoing or has concluded, it does not prevent you from taking action. In fact, findings from the Health and Safety Executive investigation can often provide valuable evidence, alongside witness statements, to strengthen your work compensation claim.
You may still be able to make a claim. Employers are usually required to hold liability insurance, which means a fatal accident claim or other work claims can often be pursued even if the business is no longer trading.
Tracing the relevant insurer can sometimes take time, but a solicitor can assist with this process.
Yes. If you have suffered a serious injury due to your employer’s negligence, you may be entitled to pursue personal injury claims and compensation claims. This includes damages where a person experiences physical pain, ongoing symptoms, or where significant physical pain impacts daily life.
This can include lost earnings, rehabilitation costs, and any ongoing care needs. The value of your claim will depend on the severity of your injuries and how they affect your daily life and ability to work.
In Scotland, you generally have three years to raise court proceedings following an accident at work or workplace accident, including those similar to a road traffic accident in work environments.
The three-year period usually runs from the date the accident occurred or from when you became aware your injury was work-related. Starting the claims process early is important to maximise your chances of success.
You may still be able to claim compensation following a workplace accident or fatal accident at work. However, the amount awarded may be reduced to reflect your contribution to the accident.
This is known as contributory negligence and is assessed as a percentage reduction in your compensation. A solicitor can advise on how liability may be shared and what this means for your potential work compensation or fatal accident compensation claim. Many firms will handle this under a win no fee agreement.
Get in touch
If you have been affected by a work-related accident, including a fatal accident at work , contact us today to find out more about making personal injury claims, fatal accident claims, or other work claims. Our team can provide free legal advice, help you claim compensation, and support bereaved families in securing the financial support they need.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.